A 1099-NEC (Nonemployee Compensation) is a tax form used to report payments of $600 or more made to non-employees, such as independent contractors, freelancers, or vendors, for services provided. This form is filed with the IRS and given to the payee, ensuring income earned outside of traditional employment is reported for tax purposes.
A 1099-MISC is a tax form that reports various types of income not covered by other forms, such as rent, royalties, prizes, awards, or legal settlements. It's used when payments of $600 or more are made for these purposes, excluding costs for services by non-employees, which are reported on the 1099-NEC.
Aspect | 1099-NEC | 1099-MISC |
Usage | Reporting payments to independent contractors | Reporting miscellaneous income (e.g., rent, legal settlements, prize winnings) |
Effective Year | Starting in 2020 | Still in use for non-contractor payments |
Filing Deadline (Paper & Electronic) | January 31 of the following tax year (or next business day if it falls on a weekend/holiday) | Paper: March 1, Electronic: March 31 (or next business day if it falls on a weekend/holiday) |
Examples of Reported Payments | Payments for services to freelancers, contractors | Rent, royalties, legal settlements, prizes |
If your business pays an independent contractor $600 or more annually, you must file Form 1099-NEC. However, if the contractor is a C corporation or S corporation, a 1099-NEC is generally not required. You can find this information by having the contractor complete a Form W-9.
It’s important to remember that 1099-NEC forms are only for independent contractors. If paying employees, you must use Form W-2 to report wages, not Form 1099-NEC. Misclassifying employees as contractors can result in significant penalties, so getting this right is essential.
Form 1099-MISC is required if your business paid an individual or LLC $600 or more during the year for specific types of payments, such as rent, legal fees, or prizes and awards. Unlike contractor payments on a 1099-NEC, these are still reported on the 1099-MISC form.
When filing a 1099-NEC, there are two primary copies: Copy A and Copy B.
Copy A: This goes to the IRS to report the payments made to your contractor.
Copy B: This should be sent to the contractor so they can report their income on their tax return.
As the business that hired the contractor, it’s your responsibility to file Copy A with the IRS and send Copy B to the contractor. If you’re a contractor receiving Copy B, you don’t need to file the 1099-NEC yourself, but you should keep it for your records and report the income on Schedule C of your tax return.
Before you can file a 1099-NEC, collect a completed Form W-9 from each contractor. The W-9 will provide you with the contractor’s:
Legal name or business name (if applicable)
Business entity type (sole proprietor, partnership, corporation)
Current mailing address
Taxpayer identification number (SSN, ITIN, or EIN)
You’ll use this information to fill out the 1099-NEC correctly. If you use payroll software like QuickBooks or Gusto, these systems can help streamline the filing process by automatically generating and mailing the forms for you.
You can file Copy A of Form 1099-NEC with the IRS by mail or electronically. The filing deadline is January 31.
If you’re filing a paper copy, you must include Form 1096 as a cover sheet when sending the form to the IRS.
You must file electronically using the IRS FIRE (Filing Information Returns Electronically) System. Be aware that you can’t just send a scanned or PDF copy; you must use the correct file format provided by the FIRE system.
Before using FIRE, you’ll need a Transmitter Control Code (TCC), which can be requested by submitting Form 4419 to the IRS at least 30 days before the deadline. Once you receive your TCC, you can create an account on the FIRE system to file electronically.
You can send Copy B to your contractor either by mail or electronically. You’ll need the contractor’s consent if you choose to email it. This consent must be obtained in the same method you plan to use (e.g., an email asking for consent to send forms via email).
To comply with IRS regulations, your request for consent must include several details, such as:
A statement that if the contractor does not consent to electronic delivery, they will receive a paper copy.
The duration of the consent (e.g., does it apply to this year only, or every year the contractor works with you?).
How the contractor can withdraw their consent.
Instructions on how to request a paper copy, even after consent has been given for electronic delivery.
The procedure for updating their contact information.
The specific hardware and software required to view and print the form.
When the form will be removed from your system or website if the contractor needs to download it.
Once you have received the contractor’s consent, you can send Copy B electronically.
Some states require businesses to file 1099 forms with the state, while others do not. The following states do not require 1099 filings:
Alaska
Florida
Illinois
Nevada
New Hampshire
New York
South Dakota
Tennessee
Texas
Washington
Wyoming
Sometimes, the IRS forwards 1099 forms to states participating in its electronic filing program. Be sure to check your state’s specific requirements or consult with a CPA to ensure compliance.
The due date for filing Copy A of Form 1099-NEC with the IRS is January 31 of the following year. If this date falls on a weekend or holiday, the deadline will shift to the next business day.
You must also provide contractors with Copy B by January 31.
Penalties will apply if you miss the deadline for filing forms 1099-NEC or 1099-MISC. The penalty amounts depend on how late you file:
$50 if filed within 30 days of the deadline.
$100 if filed more than 30 days late but before August 1.
$260 if filed on or after August 1.
Penalties are based on when you file the correct information return. If you know, you won’t be able to file on time. You can request an extension by submitting Form 8809 to the IRS. However, this does not extend the deadline for sending the 1099-NEC to contractors.
Filing 1099 forms, whether the 1099-NEC or 1099-MISC, is an essential part of tax compliance for businesses that hire independent contractors or make certain types of payments. Understanding the differences between these forms, collecting the right information, and filing on time can help you avoid penalties and ensure smooth financial operations for your business.
Form 1099-NEC reports non-employee compensation, specifically payments to independent contractors for services rendered. On the other hand, Form 1099-MISC reports different types of miscellaneous income, such as rent, legal fees, prizes, and awards. Since 2020, contractor payments are reported exclusively on the 1099-NEC, while the 1099-MISC is still used for non-service-related payments.
Use Form 1099-NEC to report payments of $600 or more to non-employees (like freelancers or contractors) for services. Form 1099-MISC is used for other types of payments, such as rent, legal settlements, or royalties. The 1099-NEC is likely the appropriate form if you're paying for services.
The deadline to file Form 1099-NEC with the IRS and provide a copy to the contractor is January 31 of the following year. The filing deadline for Form 1099-MISC depends on how it’s submitted: March 1 if filing by paper and March 31 if filing electronically. If these dates fall on a weekend or holiday, the deadline will be extended to the next business day.
If you miss the deadline for filing Form 1099-NEC or 1099-MISC, penalties apply based on how late you file. The penalties are:
$50 if you file within 30 days.
$100 if you file more than 30 days late but before August 1.
$260 if you file on or after August 1. To avoid penalties, you can request an extension by filing Form 8809 with the IRS, but you still need to provide the forms to contractors by January 31.
A 1099-NEC is issued to non-employees (like contractors or freelancers) paid $600 or more for services. A 1099-MISC is given for other types of payments, such as rent, royalties, prizes, or awards, totaling $600 or more. It’s important to distinguish between service payments (NEC) and other payments (MISC) to file correctly.